District Heights, MD asked in Estate Planning and Probate for Maryland

Q: In Maryland, if the PR closed an estate 17 years ago without selling it can she reopen it easily at this time to do so?

I would like to please know how unique this situation is where the personal representative went through probate 17 years ago, closed it and now wants to sell the house in 2020 and it is still in closed status. She has filed an updated letter of Administration. She has not taken the deceased parent's names off the deed. I would also like to please know how long the process would take for her to do this or if it is very easy for her to do. Thank you very much. Elizabeth

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: It's going to take a bit of time, particularly if the property is in PG County. The quarantine has hit the Recorder of Deeds fairly hard, and the backlog seems to be a couple months on recording. The Register of Wills Offices across the state are closed and documents are being filed by remote. In Montgomery, they are taking filing is a drop box at the front door. It is going to require some coordinating. There may be chat and email access that will expedite this, but it will be months, not weeks. I strenuously recommend that you have counsel assist, because something like this would not happen within the control of competent counsel. The lawyer can often be paid from the proceeds of the sale or by selling to a distress sale buyer who will advance the funds for counsel.

Steven J. Fromm agrees with this answer

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